Blog Archives

Due to increasing data volumes and the subsequent cost of managing this data require us to work smarter to find new ways that enable us to get to the most important information quickly and cost effectively. Needless to say it has simply become too expensive to ‘eye ball’ every potentially relevant document. Recently LawTalk published […]

Too often I have seen good eDiscovery solutions end in a difficult relationship as there was not a full appreciation of potential costs at the outset. The scenario usually goes something like this – Client – your estimate was XX Provider – you asked us to undertake additional work, any further work was itemised in the […]

There are excellent eDiscovery software options available, however it isn’t always easy to compare their pricing models. This is something you need to be aware of, especially if you are new to eDiscovery. The price that you are initially presented with may not always be the true cost. You may be surprised when you compare […]

Is this fair when it comes to eDiscovery software or not? Just because a solution may be cheaper, it doesn’t always mean it is not as good, likewise if it is more expensive it doesn’t always mean it is better for you ! Organisations have different requirements, which could mean that certain eDiscovery software might […]

Today’s escalating data volumes and the rising cost of managing that data, make it increasingly important to use the right eDiscovery software to tackle the discovery process. Recently LawTalk published an article of mine – Finding the right eDiscovery solution to suit you. The article highlighted where to start to find the best eDiscovery software, […]

Recently I was fortunate to be interviewed by leading legal tech thought leader Ari Kaplan in one of his Reinventing Professionals podcasts. Ari’s podcasts “share insights with industry leaders shaping the next generation of legal and professional services”. On the podcast we talked LawFest and legal technology in New Zealand, together with why legal tech […]

Today we have had the announcement that Nuix has acquired Ringtail to provide an ’end-to-end’ eDiscovery solution. This announcement probably trumps all other movements in an eDiscovery market that has experienced considerable change recently, with acquisitions and providers deploying tools that may have historically been competitors. You can read some press announcements here – https://blog.aceds.org/mary-mack-with-the-inside-scoop-on-nuix-and-ringtail/ […]

Technology Assisted Review (“TAR”) is often thought of as a tool primarily for large firms working with high document volumes, however TAR can be just as valuable for smaller firms that may have limited resources and budgets, as they often have to look for smarter ways to work to compete. Today’s increasing volumes of information […]

Technology Assisted Review (“TAR”), can be a great enabler for firms that need to be nimble and innovate to compete with large firms. A perfect example was a matter I managed for a New Zealand law firm, that helped save their client thousands of dollars. Australian litigation support provider, Law In Order has produced an […]

I still find many firms using an eDiscovery solution (using the word ‘solution’ loosely), because they have always used the product, or justify its continual use on “sticking with the devil you know” ! If this is you, then you are being left behind by others that are open to exploring options that better meet […]

This is a question that is often over looked when exploring eDiscovery software. More frequently, I am simply asked – what is the best eDiscovery software? It is increasingly important to firstly, consider what you want to achieve. Considering the software options in many circumstances will be your final consideration Software should be your final consideration […]

When it comes to the discovery process, many firms that I speak with are still being forced to shape their litigation practices around the capabilities of their existing eDiscovery software. How they work can be considerably impacted by the limitations of their existing software. Most of the issues experienced, simply should not happen. Some of […]

Like others, I too was surprised, yet pleased to be ranked at number 50 in a list of Top 60 eDiscovery Blogs and Websites For eDiscovery Professionals put together by Feedspot. Even though there are far more recognisable people internationally, I am pleased to be included in this high calibre list. I suggest you checkout […]

The New Zealand Commerce Commission and Serious Fraud Office (SFO) have recently invested in Relativity as their preferred eDiscovery solution. About Relativity Relativity is widely regarded as one of the leading eDiscovery software solution internationally, with nearly 14,000 organisations using Relativity in over 40 countries, totaling over 165,000 users. Relativity has over 800 employees, with […]

Leading eDiscovery commentator Chris Dale provided an excellent post this week about A proposed new disclosure rule for England and Wales. Chris makes an excellent observation that before there are rule changes, those involved in disclosure (or discovery for the rest of the world), should read the rules. I couldn’t agree more with Chris, as […]

The claim of “proportionality” is too often used as justification to shy away from potential discovery obligations. The following can frequently be used to justify this – There are far too many documents The cost is not proportionate We can just claim proportionality to the court The discovery rules are on our side here […]

Sounds a given, or is it? In fact, it doesn’t always happen this way, and in some instances far from it. Most firms will be exploring how they can innovate, and a key driver of this innovation will be technology. The discovery process is no different. With the volumes and sources of information now present, […]

“I just find eDiscovery so complex and frustrating and it turns out to be more expensive than I expected” An all too frequent comment that I still encounter ! But it does not have to be this way. The objective of discovery should be to get only what you need and do so it a […]

What may have worked 10 years ago, last year, or last week may no longer be the most effective path to address your discovery requirements. In the past, we did not face the volumes or sources of electronic information that are now present in most organisations. We are all communicating differently than we did in […]

Keyword searching is a very common method used in litigation or investigations to target potentially relevant information, but it is easy to get it completely wrong. A recent article of mine published in LawTalk I still haven’t found what I am searching for, highlighted how keyword search terms will not find what you are looking […]

As I discussed in my last post it is important for law firms to understand their eDiscovery software requirements, but some providers also need to do more to understand what the requirements of their potential clients are. Without wanting to offend all eDiscovery providers as most are great at understanding the requirements of their potential […]

Too often I see law firms forced to shape their work practices around the capabilities of their eDiscovery software. This can lead to completely needless additional burden and cost. To prevent this it is increasingly important to understand your requirements to help find the right eDiscovery software. It sounds simple, but often it is not, […]

To help understand what lawyers and their firms want from their eDiscovery software, I thought I would share some of the frustrations that many currently experience. Since the start of this year I have collated frustrations (or problems) that some New Zealand lawyers are experiencing with their existing eDiscovery software. These frustrations are from all […]

Mention to anyone that I provide independent advice on eDiscovery software options, I inevitably get the question “So, what is the best eDiscovery Software”? Where do I start to respond to that one ! The short answer is that there is no ‘one size fits all approach’ when it comes to eDiscovery software. Each product […]

Over recent months I have been fielding an increasing number of queries about eDiscovery software. In New Zealand over the past few years, the interest does come in waves. Back in 2012 and 2013 there was considerable interest in eDiscovery software, on the back of the new High Court discovery rules. After 2013, I can […]

In my last post I explored the common issue of articulating what I did. This got me thinking about providing further detail about exactly what it is that I do. Over five years ago I decided to leave the comfortable surrounds of working inside law firms as I wanted to be able to provide more […]

One of the problems I still encounter is explaining to people what it is that I actually do. If I sit down to a dinner with someone away from the industry (I’m afraid that is quite a lot as there are not many eDiscovery specialists in New Zealand), when the inevitably “what do you do” […]

Earlier this year I had a LinkedIn message pop up to congratulate me on my five year anniversary. Five years !!?? It took me somewhat by surprise as the time has flown! In saying that, it does seem a long time ago since I was on the law firm side of the fence, before breaking away […]

In today’s’ digital world many of us still refer to information that is mostly electronic as simply documents – and I can be as guilty as any ! The use of the term document can be familiar and comfortable. Much the same way traditional methods of addressing eDiscovery can be hard to shift. Even though […]

At a time globally when there have been a number of recent acquisitions and consolidations in the eDiscovery market, Sky Discovery have launched to provide a new eDiscovery offering to the Australian and New Zealand markets. Sky Discovery is headed up by Nathan Wigginton and Jeff Jarrett, formerly of eLaw and Anderson Hind from Law […]

The New Zealand High Court discovery rules require considerably more work in advance of the first case management conference (CMC). The benefit of this initial work is to assist in limiting the scope of discovery to what really matters and provide considerable value later in the discovery process. A recent article of mine published in […]

One of the leading Australian litigation support providers, NuLegal has announced it is moving to Everlaw as its preferred eDiscovery review platform. NuLegal will continue to use Nuix for processing, whilst Everlaw will be used for the review and case management post the discovery phase. Everlaw’s main focus is the review process with its ease […]

Over the past couple of years I have started to notice some encouraging signs in New Zealand with the approaches to eDiscovery and embracing technology generally. At the same time, New Zealand still has a long way to go to catch up with the rest of the world in how law firms embrace technology, but […]

In my last few posts I have provided an overview of the three separate streams from the New Zealand Law and Technology Conference. In this the final summary of the event, I will take a more in-depth look at the Technology Demonstrations & Case Studies Stream. This year we introduced a new Technology Demonstration & Case […]

We are now less than two weeks away from the New Zealand Law and Technology Conference, taking place at the Pullman Hotel in Auckland on the 18th of March 2015. As mentioned in my earlier posts, the event has been expanded this year to provide delegates with three streams with an exciting line-up of speakers. This […]

The exponential growth in the sources and volumes of electronic information is making the discovery process more challenging. There is a greater intersection between the law and technology with eDiscovery an unavoidable part of any litigation or investigation. For some eDiscovery has simply meant turning documents into an electronic format. Managing electronic information in the […]

Global eDiscovery provider LDM Global has recently expanded into Australia and has opened a new data centre in Sydney. The Sydney data centre complements the data centres that LDM Global has in the United Kingdom and the United States. The official press release from LDM Global is available here. The new Sydney data centre allows […]

The increasing volumes and sources of electronic information are making it difficult to use legacy eDiscovery software to meet today’s eDiscovery challenges. As these challenges will only evolve further, it is becoming increasingly important for firms to ensure they are equipped with the practices and software to manage their client’s electronic information. firms effectively have […]

Last week I facilitated the EDT lunch forum in Auckland that also launched their New Zealand eDiscovery hosting services. There was an excellent turnout with a mix of law firms, regulators and the presence of New Zealand’s leading technology Judge – His Honour Judge Harvey. Like the lunch forums EDT ran last year, this year […]

Leading legal software provider EDT is hosting a lunch in Auckland on the 24th of July, to announce its new hosted solutions for the New Zealand market and to present an Early Case Assessment (ECA) case study. The case study will show how law firms in the US have used EDT to provide lawyers with early […]

Last week in Sydney I attended the Chilli IQ 8th Annual Information Governance & eDiscovery Summit. The 2014 Summit gathered together some of the world’s leading experts in the field over two days to discuss and debate what is happening with Information Governance and eDiscovery. The event continues to evolve each year, with the level of […]

Leading eDiscovery firm Recommind held the New Zealand launch of their new Axcelerate 5 eDiscovery software last week in Auckland. The launch was in the form of a sit down lunch with many of New Zealand’s leading law firms present. I was invited by Recommind to present a session on how eDiscovery has evolved in […]

Leading global eDiscovery firm Recommind is holding a launch in Auckland on the 8th of May for their new Axcelerate 5 eDiscovery software. The event is the first public demonstration of Axcelerate 5 in New Zealand. I have been invited by Recommind to address the event about how the discovery process has evolved. It will be […]

Many firms stay with eDiscovery products or adopt the same software as the opposing party, solely because they believe other products ‘don’t talk to each other’. This couldn’t be further from the truth as all the leading electronic discovery products now talk to each other with data being able to be migrated from one system to […]

With technology evolving at an alarming rate it is increasingly important to continue to develop knowledge in an area of the law where the technology and practices are constantly evolving. Recently, LawTalk published an article of mine World’s largest legal technology event (a link to the article can be found here). The article detailed my visit back in […]

On Wednesday 19th of March, E-Discovery Consulting and EY welcomed over 100 participants from the New Zealand legal fraternity to the 2nd Annual New Zealand eDiscovery Conference. The event attracted senior lawyers, barristers, in-house legal counsel, government departments and regulators – most organisations involved in litigation were represented in some capacity. The Conference has now […]

There are only limited tickets available for the 2nd Annual New Zealand eDiscovery Conference being held at the Stamford Plaza in Auckland this Wednesday. The 2014 event will build on the success of the inaugural event in 2013 which attracted over 100 participants. The conference has now developed into New Zealand’s leading eDiscovery and […]

We are now less than one week away from the 2nd Annual New Zealand eDiscovery Conference. The event is being held in Auckland at the Stamford Plaza on the 19th of March. The event will provide an awareness of the evolving issues and complexities in managing electronic information, and importantly, provide delegates with a practical […]

Some of the world’s leading eDiscovery and legal technology providers are participating in the 2nd Annual New Zealand eDiscovery Conference. Nuix, EDT, FTI, Symantec, Recommind, Law In Order and InfocentriK are all sponsoring the event, which takes place in Auckland at the Stamford Plaza on the 19th of March. We are fortunate to have Nuix, EDT and […]

InfocentriK has been confirmed as one of the sponsors of the 2nd Annual New Zealand eDiscovery Conference. The conference is taking place at the Stamford Plaza in Auckland on Wednesday the 19th of March 2014. About InfocentriK If you have eDiscovery challenges, InfocentriK can offer you one solution! We deliver world-class Information Management solutions offering you a complete Information […]

FTI has been confirmed as a Silver sponsor for the 2nd Annual New Zealand eDiscovery Conference. The conference is taking place at the Stamford Plaza in Auckland on Wednesday the 19th of March 2014. About FTI FTI Technology is the E-Discovery Practice of FTI Consulting (NYSE:FCN). Corporations and their law firms choose FTI Technology to […]

Australian litigation Support provider Law in Order recently published a case study about how Predictive Coding, using kCura’s Relativity Assisted Review was successfully used on a large New Zealand litigation. The Law In Order case study can be found here. The matter in the case study was one where I was engaged by the global corporate client […]

LegalTech 2014 is over for another year and since I am now back in New Zealand (and having the chance to thaw out), I have now found the opportunity to share my observations from the latest iteration of the industry’s leading Legal Technology event. This year’s LegalTech will be remembered by the cold and the snow […]

Practicing law today has simply become too expensive to ‘eye ball’ every document. We need new practices to respond to these challenges to enable lawyers to get to the key documents quickly and cost effectively. The rapid growth of electronic information is substantially increasing the cost of litigation and at the same time brings greater […]

The Early Bird discount for the 2nd Annual New Zealand eDiscovery Conference is closing on the 19th of February. Many law firms, barristers, corporate organisations and government departments have already registered to take advantage of the discounted rates. Most organisations involved in litigation are represented in some capacity. The 2nd Annual New Zealand eDiscovery Conference […]

Symantec has been confirmed as a sponsor for the 2nd Annual New Zealand eDiscovery Conference. The Conference is taking place at the Stamford Plaza in Auckland on Wednesday the 19th of March 2014. Symantec Enterprise Vault in conjunction with the Clearwell eDiscovery platform are the leading and most comprehensive archiving and eDiscovery solutions on the […]

There are still sponsorship opportunities available for organisations that want to be part of New Zealand’s leading eDiscovery and legal technology event. The 2nd Annual New Zealand eDiscovery Conference is taking place at the Stamford Plaza in Auckland on the 19th of March 2014. We have been fortunate to attract leading eDiscovery providers with Nuix, […]

One of the sponsors of our 2nd Annual New Zealand eDiscovery Conference, EDT is offering a limited number of free delegate passes to LegalTech New York 2014 for any signed up delegates for the March New Zealand conference. The delegate passes are valued at $1,495.00 (US Dollars). EDT has recently expanded into the US with […]

We are only a week away from LegalTech 2014, when anybody that is involved with legal technology converges on New York for the largest eDiscovery and legal technology event of the year. The show is taking place in New York from the 4th-6th of February, as always at The Hilton New York in midtown Manhattan. […]

Nuix has been confirmed as Gold sponsor for the 2nd Annual New Zealand eDiscovery Conference. The Conference is taking place at the Stamford Plaza in Auckland on Wednesday the 19th of March 2014. Nuix is a worldwide provider of information management technologies, including eDiscovery, electronic investigation and information governance software. Nuix solutions scale to meet the […]

EDT has been confirmed as one of the main sponsors for the 2nd Annual New Zealand eDiscovery Conference. The Conference is taking place at the Stamford Plaza in Auckland on Wednesday the 19th of March 2014. EDT is a recognized international provider of technology that manages discovery, disputes, investigations, and litigation. For over ten years, […]

An increasing number of New Zealand law firms are gaining a competitive advantage through their choice of eDiscovery software to meet their discovery requirements. Last week, LawTalk published an article of mine Gaining a competitive advantage (A link to the article can be found here). The article highlighted how firms that may not have the […]

Legal software provider EDT hosted a series of lunch forums last week in New Zealand to discuss issues and trends relating to eDiscovery and legal technology and help raise the awareness in the industry. Forums were held in Auckland, Wellington and Christchurch with invited guests from the industry, including representatives from law firms, corporations, regulators […]

EDT is holding a series of lunch forums next month in New Zealand. The forums are to discuss the impacts and opportunities presented by emerging technology trends and the likely ramifications of our new discovery rules. The purpose of this event is to canvass the views regarding the needs of New Zealand law firms and […]

Australian litigation support provider NuLegal has been hosting a series of lunch seminars throughout Australia promoting Predictive Coding using Equivio Zoom. Yesterday I was fortunate to be able to attend the event they held in Brisbane. Mark de Bruyn from NuLegal and Jon Prideaux of Clayton Utz joined forces to present the seminar, focusing on a […]

The importance of discussing the electronic exchange format with the other parties at an early stage cannot be underestimated. The Discovery Checklist (which was introduced as part of the new discovery rules in New Zealand in February 2012), expects parties to discuss the format for the listing and exchange of documents, on all matters. There […]

I spent last week in Sydney attending the 7th Chilli IQ Information Governance & eDiscovery Summit. The Chilli IQ event has become somewhat of an institution on the eDiscovery landscape ‘downunder’ as it attracts the major local players in the industry. Overview of the Chilli IQ E-Discovery Summit Like last year, I will direct those […]

As published in LawTalk, issue 816, 12 April 2013 NEW ZEALAND’S INAUGURAL eDiscovery Conference attracted over 100 participants from across New Zea­land’s legal fraternity, including senior lawyers, barristers, in-house legal counsel as well as electronic discovery service providers. The event, held in Auckland on 13 February, was organised by Ernst & Young and E-Discovery Consulting. […]

It has now been over 12 months since the new discovery rules commenced in New Zealand, but it is apparent that many may not be realising the full potential of the rules. One observation I have found is there are a number of people that are not managing their information electronically. Many are still carrying […]

When deploying eDiscovery software, no one wants a repeat of the current Novopay situation. Deciding upon the right ediscovery software can be a challenge for law firms, as it can be a complicated and burdensome process. There are many e-discovery software options available – it is just a matter of finding the right software to […]

On Wednesday 13th of February, New Zealand’s inaugural eDiscovery Conference took place at the Stamford Plaza in Auckland. The event was organised by Ernst & Young and my company E-Discovery Consulting, as we joined forces to assist in raising the awareness of eDiscovery in New Zealand. The conference was a one day event specifically designed […]

Vound will be exhibiting their software at the Managing eDiscovery in New Zealand Conference. The Conference is being held at the Stamford Plaza in Auckland on the Wednesday the 13th of February 2013. Vound is a world leader and pioneer in the development of applications for forensic search, eDiscovery and email investigation. Vounds software is […]

Electronic discovery in New Zealand has grown significantly over the last year and there is a clear need for an event which allows NZ practitioners to develop their knowledge of this evolving area. Ernst & Young and E-Discovery Consulting have joined forces to present the Managing eDiscovery in New Zealand Conference. The conference is taking […]

Ernst & Young and E-Discovery Consulting are looking for sponsors and exhibitors to join with them to help develop the e-discovery industry in New Zealand. The Managing eDiscovery in New Zealand Conference is the first of its kind in New Zealand being held in Auckland on the 13th of February 2013. The Conference is an […]

Electronic discovery has often been a process that is unfamiliar to many involved in litigation. E-discovery requires new skills and a greater appreciation of technology than was previously required in a traditional paper dominated discovery world. In today’s digital world the increasing sources and volumes of electronic information is making the discovery process more challenging. There […]

As published in LawTalk, issue 807, 26 October 2012 E-discovery software is becoming an essential part of any litigator’s toolkit. Deploying suitable software will be an advantage for anyone tackling discovery under the new court rules. E-discovery software has matured from the days when it was primarily designed to handle scanned documents, but this brings many […]

A document recently published on the Ministry of Justice website, highlighted the importance of properly redacting documents. This example preceded the current data security issues from the Ministry of Social Development computer systems in New Zealand. The document in question was a cabinet paper about Modernising Court Services. The paper contained sensitive material that was intended […]

The perception that ediscovery software is expensive and only suitable for large matters could not be further from the truth. There are many options available, with some starting at only a few dollars a month. It is just a matter of finding the e-discovery software that best suits your individual requirements. Small firms with small matters want […]

E-Discovery Consulting has launched a programme of CPD seminars on electronic discovery and legal technology. The aim of the CLE seminars is to provide all those involved in litigation the opportunity to be better prepared and informed to tackle electronic discovery. Further information about the CPD seminars can be found on here. E-Discovery requires new […]

We are all faced with similar issues with electronic data levels increasing at an alarming rate. Not everyone has the option to invest in sophisticated technology or the necessary skills to operate such technology. I am starting to find tools that could be classed as enabling a ‘forensic search’ becoming more popular. By a ‘forensic […]

As published in LawTalk, issue 799, 6 July 2012 Over recent years there has been an exponential growth in both the volume and sources of electronic information. Nearly all information now originates in electronic form. This has complicated the discovery process as it has created many new challenges for lawyers. Managing electronic information in the […]

AccessData are continuing their worldwide ReDiscover Summation roadshow this week with sessions in both Auckland and Wellington. The seminars will provide an opportunity for AccessData to showcase the redesign of Summation to existing clients and potential new clients. The session will be led by Kate Paslin who is Assistant General Counsel for AccessData. I have […]

A common concern that I have heard of late is that there are not enough litigation support options available in New Zealand. Fortunately this is not the case, as it has never been a more important time to have litigation support options available since the new electronic discovery rules commenced on 1 February. Over the […]

A common misconception by many in the legal profession is that technology is always expensive and only suitable for large matters. This does not have to be the case, as there are eDiscovery solutions available for smaller matters that do not need to cost the earth. ‘We do not have large volume matters…’ Since the NZ […]

Choosing the right eDiscovery software can be a daunting process for many firms. For most lawyers, software selection is foreign to them as their experience and expertise is with the law, not the technology. Experienced independent advice can assist you in your software selection, as the advice can help you decide what the best solution is […]

Andrew King looks at the issues created by electronically generated documents Today, 90 per cent of all documents are generated electronically. The substantial escalation in the volume of electronic documents has added new, unique challenges to an already expensive and time-consuming discovery process – and if we don’t directly address the issue, the discovery process […]